Technical and Further Education Bill

Baroness Whitaker Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 22nd February 2017 Grand Committee

For employers faced with paying the apprenticeship levy who would like to recruit some apprentices but cannot, it seems worth finding some way of giving them the power to ask, “Can we use some of this money to open up the pipeline into schools and improve the interface between business and technical education?”. I am not trying to push the Government into doing that now, but I would like to see them have the power to do so. I would also like to see them have the power to support organisations such as Women in Construction in their efforts to get through to schools if this is what is needed to open up the pathway into schools for particular areas of industry. This is an entirely positive thing for schools. They would not be looking at immediately losing their students, although it may have that effect. This is about supporting students, improving their education and giving them resources at a time of great shortage to connect with all that is possible. As I say, the amendment is not trying to compel the Government to do anything, but I would love them to have the power to do it.

[Baroness Whitaker (Lab)]

I apologise that I was not able to be at the Second Reading of the Bill and I declare an interest as a fellow of the Working Men’s College, whose chair I used to be. I support all these amendments but I shall speak briefly to Amendments 9 and 11. Careers advice has not exactly been the jewel in the crown of maintained education, as I think the noble Lord, Lord Aberdare, said. It is imperative that our young people have comprehensive advice on routes to the later stages of education. That will give them the capacity to fulfil themselves as well as help them to build up the technical expertise our economy needs. We have never been in more need. I think that the Government approve of choice, so I hope that the Minister will accept the amendment.

[Lord Knight of Weymouth (Lab)]

My Lords, I also apologise that I was not able to speak at Second Reading and I remind the Committee of my interests in respect of my employment at TES, which is probably where I was when the Second Reading debate took place. As others have said, careers education has been a failure under successive Governments, including the one of which I was a part. It is a hard area to resource well and it is hard for professionals in this area to keep up with the real world. From the contacts I have had with careers education professionals, they feel that the situation is getting worse, but that is for people generally to judge. I certainly mourn the loss of the education business partnerships that were part of keeping schools in touch with employers in their localities.

I join with those who are looking forward to a careers strategy from the Government, as set out in Amendment 2, but I am not sure about Amendment 9 and the need for a platform. I remind the Committee that UCAS itself has apprenticeship routes on it. You can search for apprenticeships on the UCAS website. I also remind the Committee that there are other providers. There is a company called Unifrog, which has been set up by a young man who is a Teach First ambassador. It takes the API feed from UCAS, provides a range of advice around apprenticeships, higher education and various learning providers, and as far as I can see it does that very well. I have some scepticism about requiring the Government to set up websites when others are providing them perfectly well and are probably better able to keep up with how technology is being used on the ground by young people.

I am very pleased to see that Amendment 11 would apply to all schools, including academies. I see that the noble Lord, Lord Adonis, has added his name to it. I remember a similar amendment to the Education and Skills Act 2008 requiring the provision of impartial careers advice, but that applied only to local maintained schools because my then fellow Minister, the noble Lord, Lord Adonis, did not want it to apply to academies. However, there were not very many of those at the time. I also remember that in the following year the Apprenticeships, Skills, Children and Learning Act came in which required all post-16 institutions to give specific advice on apprenticeships.

To an extent, we have been here before. That is why the comments of my noble friend Lady Morris are so important on the incentives, and indeed the disincentives, in the system around giving impartial careers advice. So much is loaded on the intellectual, academic route and, in the end, that is what our schools system is designed for. It was designed in a bygone age to route people towards intellectual destinations in the knowledge that there would be a lot of wastage along the way but that those people would be picked up by the labour market employing them in factories or by marriage to someone who worked in a factory. However, we do not live in that labour market any more.

The substantive point I want to make to the Committee is this: how are we going to keep up with the rapid changes in the skills environment that are going on in the labour market? How do we ensure that these apprenticeship qualifications continue to have currency with the level of technological and demographic change that is altering things so dramatically? How do we ensure that careers advisers know the reality of what is changing? Demographic change means that a child starting school last September has a more than 50% chance of living to be over 100. The only way it is affordable for them to live to such a ripe old age is for them to carry on working into their 80s. They will have a 60-year working life and will, therefore, change career on many occasions. We need a skills infrastructure that allows them to be credited for the skills they acquire in work, to take short, intensive breaks from work to acquire new skills, and to take longer sabbatical periods to reacquaint themselves, if they have been there before, with higher education. How we design that is a big challenge, as is how we give young people through their educational journey, particularly their statutory one, a fundamental love of learning and the skills to learn so that they can retrain as technology deskills them. That way, they will have the resilience and reflective ability to understand that need.

Yesterday, I was discussing an Oxford University study, being done jointly with NESTA, on the skills needed for 2030. It is a bit of a mug’s game trying to predict what those might be, but a good projection is that the particularly vulnerable skills are in transport, customer services and sales, administration, and skilled construction and agricultural trades. These are among the themes that are picked up in the letter we were so pleased to receive from the Minister yesterday and in the 15 routes set out in the Sainsbury review. But some of those will go. For example, we have seen huge investment into driverless vehicles, particularly in Silicon Valley, and know the number of people who will be affected if that investment achieves a return—we can be pretty sure that it will over the next 20, 30 or 40 years. We have also seen the first humanless retail outlets being opened by Amazon. We can start to see some of these changes taking place, and I question how we are going to keep the advice, qualifications and structure sufficiently agile to keep up with the rapidity with which these changes may come and the new sectors that will emerge. We should not be wholly pessimistic about what will happen to the labour market, but advanced cognitive skills will undoubtedly be in increasing demand as artificial intelligence and robots take over some occupational categories.

How often does the Minister see the occupational categories set out in Schedule 1 being reviewed? How often are we likely to review the agility of the qualifications themselves? Qualifications generally are losing credibility with many employers because it takes too long to design them and get them approved. In particular, the suggestion set out in the letter—of procurement on a single licence for each one—means that whoever wins the qualification has to get a return on investment for delivering it. That might lock them into a period that removes the very agility that I am talking about. Finally, and most importantly, how will the new institute work with employers to ensure that that agility is informed by the best possible predictions about future skills needs five and 10 years hence?

Children: Safeguarding

Baroness Whitaker Excerpts

Wednesday 11th January 2017 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, what is the Minister’s assessment of the reason why a significant proportion of Gypsy and Traveller children are home educated, and of the quality of that education?

[Lord Nash]

Again, we do not have any evidence that they are any more at risk than other children but we are considering this whole area of home education carefully.

Educational Attainment: International Rankings

Baroness Whitaker Excerpts

Tuesday 13th December 2016 Lords Chamber

[Lord Nash]

I agree entirely with the noble Lord’s point on the importance of textbooks and rigorous teaching materials. Increasingly, we are seeing multi-academy trusts developing these for their teachers to ease their workload and to support them. We have introduced a rigorous maths curriculum at GCSE. We have launched 35 maths hubs as centres of excellence based on best practice internationally. They will work with schools to introduce high-quality textbooks as part of the department’s £41 million primary programme, Mathematics Mastery, announced in July.

[Baroness Whitaker (Lab)]

My Lords, can the Minister say how many of the schools that rank high on the PISA report from different countries have selection at 11-plus?

[Lord Nash]

That is a rather precise question. However, it is clear from the report that selection does work, and I will write to the noble Baroness with more detail.

Grammar Schools

Baroness Whitaker Excerpts

Thursday 15th September 2016 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)]

My Lords, exam data show that grammar schools achieve good results for pupils attending them. As set out in our consultation document, Schools that Work for Everyone, some studies suggest that there may be an association with poorer educational consequences for pupils not attending selective schools in areas where selection is allowed. In contrast, research from the Sutton Trust found no adverse effects of existing grammar schools on GCSE results for pupils in other schools.

[Baroness Whitaker (Lab)]

My Lords, in what way—

[Lord Scriven (LD)]

I thank the Minister for that very well-crafted Answer. The vast majority of studies, apart from three, show that there is no overall attainment and actually all that happens is a distributive effect, where those who go to grammar schools improve and those who do not—the majority—have slightly worse educational attainment. Given that three or four times more people who sit the 11-plus fail it than succeed at it, that grammar schools tend to attract the highest-graded teachers and that this distributive effect takes place, what evidence is there that the consultation paper ideas that the Government have put forward will deal with these systematic failures that fail so many young people in the grammar school system based on selective education?

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[Lord Nash]

We want to widen the choice for parents and there may well be areas where they would like to see more grammar schools.

[Baroness Whitaker]

My apologies for inadvertently attempting to pre-empt the noble Lord’s interesting and relevant question, but can the Minister tell us in what way a system set up to reject a majority of children will serve the interest of a modern labour market and the needs and potential of individual students?

[Lord Nash]

Again, the noble Baroness is referring to an old system, where indeed parents and pupils may have had a binary choice between a highly performing grammar school and a very poor secondary modern. Now they may have a choice between a highly performing grammar school and a highly performing academy, which may well suit that pupil better. We believe that if we have a system where all selective schools, including existing selective schools, are required to engage in a wider system of support, we may well be able in certain circumstances to develop technology which works for the benefit of all pupils.

Schools: Arts Subjects

Baroness Whitaker Excerpts

Tuesday 20th January 2015 Lords Chamber

[Lord Nash]

We have brought back languages into primary schools, which I think all parties have acknowledged was a good move. Languages are up 25% as regards entries under this Government, and we do not believe that the outcomes will be as the noble Baroness says.

[Baroness Whitaker (Lab)]

My Lords, to follow the point made by the noble Baroness, Lady Williams, another area where the UK has an international lead is in design and technology. The Government recently announced that they are postponing the structure of the new design and technology course. When will they announce it?

[Lord Nash]

I am not entirely sure. I believe that it is next year, but I will come back to the noble Baroness on that.

Child Poverty

Baroness Whitaker Excerpts

Monday 8th December 2014 Lords Chamber

[Lord Nash]

It is true that this Government have done a huge amount for disadvantaged children: the pupil premium, reforms to the curriculum, reforms to the exams and making sure that particularly disadvantaged pupils have that core cultural knowledge that is so essential, as has been acknowledged by many, including the Labour MP Diane Abbott. As we know, the number of pupils who got that core cultural knowledge under the previous Government fell from 50% to 22%. Thanks to our reforms, it is now up to 40%. Some 800,000 more children are being educated in good and outstanding schools than in 2010, and Ofsted tells us that our school system is in the best shape ever.

[Baroness Whitaker (Lab)]

My Lords, the Government have very commendably given early years provision to two and three year-olds with discretionary places for other vulnerable groups, but Gypsy, Traveller and Roma children have hardly benefited from this at all. What assessments have the Government made with regard to the early childhood development of children in these groups, most of whom live in poverty?

[Lord Nash]

The noble Baroness makes a very good point about the impact on these groups, particularly as they come into nursery and primary provision. It is an area that we need to look at more closely.

Schools: Bad Behaviour

Baroness Whitaker Excerpts

Tuesday 25th March 2014 Lords Chamber

[Lord Nash]

I agree entirely with the noble Baroness. A governor’s main role is to set the ethos and vision of the school. We would expect all governing bodies to accept such an ethos that had very high expectations for behaviour and to be very interested in the school’s behaviour-management policy. School councils and pupil feedback are essential. I recently visited Wickersley Academy in Rotherham, where every year-group elects two pupils to a school council. I said to one of the boys that that seemed to generate a certain amount of change every year. He said, “Not a bit of it. I make sure that I’m elected every year”. I look forward to seeing him in the other place shortly. Older pupils mentoring younger pupils, or acting as guardians in their early days, is very important both for the younger pupils and often for the older pupils for taking responsibility.

[Baroness Whitaker (Lab)]

The noble Lord’s department has very creditably funded four organisations to reduce bullying in schools. Can he say what success they have had in the case of Gypsy, Roma and Traveller children for whom bullying is so substantial a cause of their dropping out at secondary school level?

[Lord Nash]

The noble Baroness is quite right: we have indeed funded BeatBullying, the Diana Award, Kidscape and the National Children’s Bureau to deliver training for schools to prevent and tackle all types of bullying based on prejudice and intolerance. Tackling all types of bullying is one of our top priorities. Each of the projects will be evaluated to measure the impact of the training on reducing bullying overall. Due to the relatively small numbers involved, it is unlikely that these evaluations will measure the impact on specific groups of children but we believe that the programme should, for instance, have a significant impact on reducing any bullying of Gypsy, Roma or Traveller children.

Children and Families Bill

Baroness Whitaker Excerpts

Tuesday 17th December 2013 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I am glad to be able to follow my noble friend, who has made a powerful case. As a member of the Joint Committee on Human Rights, I simply want to put on record my thanks to the noble Lord, Lord Low, for taking the committee’s recommendation forward and for making the case for it so cogently. The committee saw this as a matter of principle. It is a principle that the Government do not disagree with, and I am at a loss as to why they have been so resistant to accepting that it should be in the legislation. I hope that the Minister will think again.

[Baroness Whitaker (Lab)]

My Lords, I support the amendments, because inclusion, which we all want to promote, still has to be fought for. That is why it ought to be in the Bill. I was on the boards of several special schools where some children were, I have to say, “parked”. On the other hand, I noticed the beneficial effects of children with disabilities being accommodated in mainstream schools—not only on the child in question but on the other children, who then have the opportunity to learn how to behave towards them, which they take. Children do not always bully other children with disabilities; in a good mainstream school they will have an incentive not to. The duty should be explicit, so it ought to be in the Bill.

Children and Families Bill

Baroness Whitaker Excerpts

Monday 9th December 2013 Lords Chamber

[Baroness Walmsley (LD)]

My Lords, my name is attached to the amendment of the noble Baroness, Lady Hamwee. Our intention in paring this down to background and characteristics is to force people to look at the guidance. The Government tell us that they are strengthening the guidance considerably and will emphasise the need to understand that a child’s ethnicity is an important aspect of their identity. What concerns me particularly about taking ethnicity out altogether is that we will continue to have a large number of trans-racial adoptions. Hurrah to that, I say, as long as the child is going to a family who can love them, bring them up in a caring way and, if there are differences in background, ethnicity, culture and so on, understand how that affects the child. Whether through the Bill or in the guidance, we need to ensure that local authorities, when dealing with prospective parents, are able to investigate whether they are the kind of parents who would understand the importance of that characteristic of the children. I fear that taking “ethnicity” out will not fix the problem.

As my noble friend Lady Hamwee said, there is a mismatch between the cohort of children waiting for adoption and the size of the cohort of parents prepared to adopt them. There is also a difference in the ethnicity of those two groups and that is why, until we can balance the ethnicity of the one group and the other, there will continue to be those trans-racial adoptions. That is why we need to make quite sure that, among all the other wonderful characteristics of those prepared to take the step and adopt a child who needs a home, there is that sensitivity and understanding of the child’s ethnic background. Whichever way we do it, it has got to be done well.

[Baroness Whitaker (Lab)]

My Lords, following the intervention of the noble Baroness, Lady Walmsley, with which I agree absolutely, I warmly support the amendment in the names of the noble and learned Baroness, Lady Butler-Sloss, and my noble friends on the Front Bench.

The noble and learned Baroness, Lady Butler-Sloss, has unrivalled expertise. I have only personal experience—I am speaking as the parent of an adoptive child of Asian background—and it is my conviction that any child of a different racial background from the parents is deprived if it cannot identify easily, almost unconsciously, with someone close to it in the way children do. A baby first learns visually to recognise faces. A teenager depends very much on confirmation of his or her identity to develop confidence. A loving home is, of course, all important. I am speaking not only as a parent, but as a member of a support group for adoptive parents, so I am also aware of their experiences. You impose a burden and a cause of stress on a child if ethnicity—as far as is possible—is not respected.

Children survive all sorts of things and I hope we have had a happy family. But that in no way alters my conviction that the Government should pay attention to this need of children and accept this amendment.

[Baroness Eaton (Con)]

My Lords, some interesting points have been made by the previous speakers, but one of the things none of us has mentioned so far is the valuable and important role of social workers in this exercise of matching children with appropriate, loving parents.

I worry that by being as prescriptive as putting something like this on the face of the Bill or making guidance hugely prescriptive, we are limiting the opportunities of social workers to be flexible and professional about their assessment. If we need to do anything, perhaps it is strengthening that kind of perception and understanding within social worker training. I have confidence that, if the Government choose to remove this, it does not mean that social workers will not look at each child’s background very fully; and not just the backgrounds of children who are easily identified as from a minority. The assumption that all Caucasian children, for instance, have no difference in their needs is quite ridiculous.

If we are prescriptive about applying considerations to do with parental connections only to the lives of children from ethnic minorities, we are not giving social workers the right to make the proper professional judgments. For example, if a Quaker family adopts a child from a Catholic background, it is just as important for them as it is for people of mixed ethnicity. I am concerned that if we are prescriptive and put something on the face of the Bill and are also prescriptive in the statutory guidance, we may make the situation worse in some cases.

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[Baroness Whitaker]

I am grateful to the Minister for understanding my convictions, but I was attempting to argue against his proposal that these characteristics should not appear in the Bill. It seems to me imperative that they are there as a signpost. I hope he can acknowledge that.

[Lord Nash]

I am grateful. I understand entirely the noble Baroness’s position. The guidance will also state that adopters of a different background/ethnicity may need additional training and support to help them support their child. This will include how to identify and deal with racism. On the matching process, it will ensure that the adopters can engage with the cultural background, heritage and ethnicity of the child. We will take my noble friend Lady Benjamin’s point about the importance of the child’s life story—the life book—and ensure that this point is in the statutory guidance. I am grateful to my noble friend Lord Eccles for his support for this approach.

We do not think that having ethnicity in guidance but not in legislation is confusing and we are funding the British Association for Adoption and Fostering to provide training seminars for all local authorities and voluntary adoption agencies on this matter and the rest of the adoption reform programme. Training to support ethnicity issues will be part of the 2014-15 sessions and places at these sessions are free. Of course, good matching is important for all children and all adoptive families need access to adoption support at different stages of childhood. We are addressing these issues for all adoptive families and the guidance will reflect that. We will also add other issues that may arise in our discussions with the NSPCC and other experts. During the consultation I will put a copy of the consultation document in the House Library and send a copy to former members of the Select Committee. I hope that many of you will respond. To make that as easy as possible we would be delighted to host a round-table discussion with Peers about the guidance.

However, improving outcomes for black children is not only about adoption. For many, fostering will be more appropriate: three-quarters of all looked-after children are in foster care. For others, it will be special guardianship with a relative or former foster carer. Where adoption is the right outcome for black children, we must do better to find them families as quickly as we do for other children. For those children for whom adoption is the right permanent outcome we need action on several fronts. This includes recruiting more adopters generally, including from minority ethnic communities. This year we have given £150 million to local authorities through the adoption reform grant to help boost adopter recruitment and £16 million for the voluntary adoption agencies to help recruit more adopters who can meet the needs of children needing adoption. For example, Southwark has come up with innovative ways of recruiting adopters from the black community.

There will be better training for professionals. We have appointed BAAF to provide training on a range of issues, which next year will include ethnicity. Places are free for all local authority and voluntary adoption agencies. There will be better adoption support. We know how important this is, not only when the child is first placed with the family, but also later on, perhaps when they are dealing with the trials of adolescence and maybe, as my noble friend Lady Benjamin alluded to in one particularly moving case, questioning their identity. In September 2013 we announced a new fund with a contribution of nearly £20 million to help adoptive parents access the best possible support to meet their children’s needs. This fund will be rolled out nationally from 2015 but will be trialled from next year. The investment will make a difference to adopters in providing the support they need and better guidance, and I have explained the steps we are taking here.

As the noble Baroness, Lady Morris, said so incisively, we have, I believe, complete consensus right up to, and including, the point of diagnosing the problem. The issue is precisely how we change a culture of behaviour, but we have no intention of moving away from the importance of the child’s cultural and ethnic background. It is imperative that these are taken into account on every front.

I hope that we do not vote on this matter. That would be unfortunate given the nature of the matter that we are dealing with. I am personally committed to spending as much time as possible with my officials, the NSPCC, noble Lords and other interested parties to ensure that we get appropriate guidance in place to enable this matter to be handled in a way that takes into account the best interests of the children so that, on the one hand, their ethnicity is fully taken into account in all placing and matching decisions and, on the other, they are not left on the shelf and short-changed by the system, as many are now.

I hope noble Lords will agree that we are all very much in the same place and that statutory guidance gives us the scope to steer social work practice in a more nuanced way than through blunt statements in the Bill. On that basis, I hope the noble and learned Baroness will withdraw the amendment.

I now turn to the amendment in the names of my noble friends Lady Hamwee and Lady Walmsley. I am grateful to my noble friends for their innovative thinking on this matter, proposing to remove references to age and sex from Section 1(4)(d) of the relevant Act. I understand the thinking behind the amendment, which I believe is designed to remove from legislation any of the specific characteristics about a child, and rely wholly on the phrase,

“the child’s background and any of the child’s characteristics which the court or agency considers relevant”.

After careful reflection, I do not propose to follow this line of thinking at present. This is because there is no evidence that there is an issue with the way that the courts or adoption agencies are interpreting the words “age and sex”. There is a fairly technical issue at play here. Clause 2 seeks to remove subsection (5) of Section 1 of the 2002 Act. This is a requirement which applies only to adoption agencies—that is, local authorities and voluntary adoption agencies—when placing a child for adoption. Subsection (4) of Section 1—what is known as “the welfare checklist”—applies to the court as well as to adoption agencies, so seeking to amend this suggests a change for the courts as well as for adoption agencies.

In addition, this provision in the welfare checklist reflects an identical requirement on the courts in Section 1 of the Children Act 1989 when considering orders under that Act. Therefore, if we were to change the wording in the Adoption and Children Act 2002 in the way suggested by removing the reference to age and sex, that would send a strange signal to the court as it would suggest a different decision-making process under the Adoption and Children Act 2002 from that under the Children Act 1989.

However, in the end I come back to the very serious issue we want to address: the delay that black children and other ethnic minority children experience while waiting for adoption. As I said at the beginning, we have today paid tribute to one of the greatest advocates of racial equality ever. I listen frequently to the wonderful speech given by the other great advocate, Martin Luther King, which in my view is the greatest speech ever made. It is not the “I Have a Dream” speech, which everyone thinks of, but the one he made two months before that at Cobo Hall in Detroit in June 1963, which was then the centre of popular music, in which he used that wonderful musical analogy that all God’s children, from base black to treble white, are equally important in God’s world and on God’s keyboard. However, that does not seem to be the result in terms of the outcomes for black children in our adoption system, and this Government are determined to change that.

It is the requirement on local authorities and other adoption agencies at Section 1(5) in the Adoption and Children Act which—albeit it was placed there with the best of motives—I believe has contributed to the delays that black children face, as I think all noble Lords have acknowledged. The statutory guidance gives us the opportunity to provide much more nuanced advice and guidelines which will benefit all children being adopted, not just those who are visibly different from prospective families. For this reason, I urge the noble and learned Baroness to withdraw the amendment.

Children and Families Bill

Baroness Whitaker Excerpts

Monday 4th November 2013 Grand Committee

[Lord Addington (LD)]

My Lords, perhaps I may very briefly add a few words of support, particularly to the last amendment in this group. Good transference of these provisions around the country would be an opportunity for the Government to deal with a fairly ancient wrong. It has always been difficult and has always been seen as too difficult, but if we can embrace it now we will go forward and take on board something which runs through a lot of this legislation; namely, that it has genuine cross-party awareness and support at heart. Even if this amendment is not perfect—even the noble Lord can make an error in drafting—I hope that we can say something positive in this regard. If we can go forward and see how it can be addressed in the future, that would help everyone and would probably make people’s lives a little bit easier.

[Baroness Whitaker (Lab)]

I speak in support of Amendment 175A in the name of my noble friend Lord Touhig. I have in mind a particular group of children with disabilities who move and I am not sure whether this amendment exactly covers them. If the Minister is going to say that Clause 47 covers the concerns of the noble Lord, Lord Touhig, will he clarify whether Clause 47, or the new clause proposed by Amendment 175A, would cover the situation of travelling children? This might be the child with disabilities of a showman who is based in one area, say, for three or four months over the winter, and then moves every few weeks to wherever the parents’ have work. The care plan needs to be transferred to each local authority. I had thought that Clause 47 might cover that, so my first question for the Minister is: is that covered? My second question is: if he entertains my noble friend’s amendment about children who move residence, as opposed to moving where they live from time to time, would that cover the situation of travelling children who return to a base but only once a year?

[Earl Attlee]

My Lords, I am grateful to the noble Lord, Lord Touhig, and other noble Lords who have either moved or spoken to amendments concerning education, health and care plans. I welcome the opportunity that these amendments give to discuss the EHC plan, as it is a vital part of our reforms. For the first time, it will provide a single plan across the whole nought-to-25 age range, and will be focused on how education, health and care services will work together with families and young people to secure improved outcomes for children and young people.

Turning first to Amendment 144, I share the concern of the noble Lord, Lord Touhig, to ensure that family support is included in an EHC plan. The EHC assessment process will consider the needs of the child or young person across education, health and care, including the circumstances of the family where there are social care needs for someone under the age of 18. For example, if, based on family circumstances, social care provision is required under Section 17 of the Children Act 1989 to meet the child’s special educational needs, it must be specified in the plan.

The existing duties will continue to mean that children and young people receive the assessment they require for their needs, supported by the new duties, in Clauses 25 and 26, for local authorities and the health service to integrate and jointly commission services for children and young people with SEN, and by chapters 4 and 7 of the draft code of practice, which focus on multi-agency working to produce a joined-up EHC plan.

I turn to Amendment 147. The noble Baroness, Lady Howe, is right to want to ensure that educational psychologists are involved in decisions about EHC plans for young people aged over 18. Doing so will assist local authorities in making evidence-based decisions on whether remaining in education will be the best option for individual young people and whether they continue to need special educational provision.

This is why we have already made it clear in Regulation 6(1) of the draft assessment and plan regulations that educational psychologists, along with other relevant professionals, must be consulted when local authorities are carrying out an assessment for an education, health and care plan for any child or young person, including for young people aged over 18. Further detail on that is set out in section 7.7 of the code of practice. The noble Baroness raised quite a few detailed points, and I think that it would be better if my noble friend Lady Northover wrote to her on those. She asked about the training of educational psychologists. The Government carried out a review of training in 2011 and, as a result, has put the arrangements for their training on to a secure basis, including central funding for the National College for Teaching and Leadership.

I fully understand the intention of my noble friend Lord Lingfield through Amendment 147B. It is vital that EHC plans provide consistent, clear and specific information on outcomes and provision. Draft assessment and plan Regulations 11 and 12 and chapter 7 of the draft code of practice set out detailed requirements and expectations about the preparation and content of EHC plans to ensure consistency, including that provision should be specific, detailed and quantified. In addition, Section 3.3 of the code provides details on the information, advice and support that must be provided, including trained independent supporters where appropriate.

My noble friend commented on the format of the plans. I repeat the commitment of the Minister for Children and Families to protect existing rights and protections. That certainly includes being specific about the provision to be made. However, I am not convinced that a standard format is itself a right or protection. It is better to leave flexibility to design plans around the needs of parents, children and young people.

I do not believe that it is helpful to have prescription in the form of a standard template. We have left flexibility for local areas to design EHC plans best to meet local needs. To ensure consistency, we have included in section 7.9 of the draft code of practice a list of the key information that every EHC plan must include in distinct sections, including arrangements for monitoring progress. Having skimmed it a few hours ago, I have to say that it is comprehensive. We have also been working closely with pathfinders to develop and publish example EHC plans.